National Highways Authority Of India vs Sri. Shaji U. V
2024 Latest Caselaw 5145 Kant

Karnataka High Court

National Highways Authority Of India vs Sri. Shaji U. V on 20 February, 2024

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                    -1-
                                                               NC: 2024:KHC:7044-DB
                                                            COMAP No. 336 of 2023




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                                 PRESENT
                             THE HON'BLE MR. P.S.DINESH KUMAR, CHIEF JUSTICE
                                                    AND
                            THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
                                          COMAP NO. 336 OF 2023
                       BETWEEN:

                       1.    NATIONAL HIGHWAYS AUTHORITY OF INDIA
                             PROJECT IMPLEMENTATION UNIT-MANGALORE
                             DOOR NO.3-29, "BETHEL"
                             THARETHOTA
                             NEAR PUMPWELL(NH-66)
                             MANGALORE - 575 002
                             REP. BY ITS THE PROJECT DIRECTOR
                             ABDULLA JAVED AZMI
                                                                        ...APPELLANT
                       (BY SMT. PRIYADARSHINI, ADVOCATE FOR
                        SRI PRAKASH ANGADI B.V, ADVOCATE)

                       AND:

Digitally signed by    1.    SRI SHAJI U. V.
VASANTHAKUMARY
BK                           S/O U.P. VERGHESE
Location: High Court         R/AT: UNNUKALLINGAL HOUSE
of Karnataka
                             NELLYADY POST
                             PUTTUR TALUK - 574 229.

                       2.    THE ARBITRATOR AND DEPUTY COMMISSIONER
                             D.K. DISTRICT
                             MANGALORE - 575001.

                       3.    THE SPECIAL LAND ACQUISITION OFFICER
                             AND COMPETENT AUTHORITY, NHAI
                             NH-75(48)
                             HASSAN-B.C ROAD DIVISION
                                      -2-
                                                  NC: 2024:KHC:7044-DB
                                                COMAP No. 336 of 2023




    OPPOSITE HDCC BANK
    HASSAN - 573 201.
                                                         ...RESPONDENTS


        THIS       COMMERCIAL   APPEAL     IS   FILED   UNDER    SECTION
13(1)(a) OF THE COMMERCIAL COURTS ACT, PRAYING TO SET
ASIDE        THE    JUDGMENT    DATED      11/01/2023     IN   THE    SUIT
A.P.NO.73/2022 PASSED BY THE COURT OF IV ADDL. DISTRICT
JUDGE AND COMMERCIAL COURT, D.K. DISTRICT, MANGALORE,
CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD / ORDER IN
NO.C.DIS.ARB(3)NH/LAQ/CR-72/2018-19               DATED        19/04/2022
PASSED BY THE 2ND RESPONDENT INSOFAR AS THE ENHANCEMENT
MADE BY THE 2ND RESPONDENT AND ALLOW THE APPEAL WITH
COST AND GRANT SUCH OF THE RELIEF AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THIS CASE.

        THIS       COMAP,   COMING    ON   FOR    ORDERS,      THIS   DAY,
CHIEF JUSTICE, DELIVERED THE FOLLOWING:


                                JUDGMENT

Office has raised an objection that learned advocate for

the appellant has not signed the memo dated December 12,

2023 seeking leave to withdraw the appeal.

2. Smt.Priyadarshini, learned advocate submits that

Shri B.V.Prakash Angadi, learned advocate for the appellant will

affix his signature in the said memo within two days. Her

submission is placed on record.

NC: 2024:KHC:7044-DB

3. Leave granted. This appeal is dismissed as

withdrawn.

4. In view of dismissal of the appeal, pending

interlocutory applications, if any, do not survive for

consideration and they stand disposed of.

No costs.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

KPS